A New York judge has tossed supermodel Audrey Quock's lawsuit claiming Victoria's Secret stole her trademark for "Sexy Little Things."

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Quock started her underwear line in July 2004 only to be sent a letter from Victoria's Secret saying "Sexy Little Things" infringes on the retail giant's trademark, the New York Daily News reported Wednesday.

Federal Judge Harold Baer opted out of the spat Tuesday, noting the battle is in the hands of the Trademark Trial and Appeal Board, the newspaper said.

Quock said her line of "fun, flirty and playfully sexy" underdrawers brought in $119 million until she stopped making them in November 2005.